HomeMy WebLinkAbout6.h. Declaring Vacancies on the City Council
EXECUTIVE SUMMARY
City Council Regular Meeting: January 10, 2023
AGENDA ITEM: Declare Two Vacancies on the City
Council
AGENDA SECTION:
Consent
PREPARED BY: Logan Martin, City Administrator
Erin Fasbender, City Clerk AGENDA NO. 6.h.
ATTACHMENTS: Resolutions APPROVED BY: LJM
RECOMMENDED ACTION: Motion to declare two vacancies on the City Council and
extend the application process to January 13, 2023.
BACKGROUND
As a result of being elected and qualified as Mayor, Council Member Jeffery Weisensel’s council seat
has become vacant. The vacated seat has less than two years remaining in the unexpired term.
Minnesota Statutes, Section 412.02, subdivision 2a states that when a vacancy in an elected office of
the City occurs on or after the first day to file affidavits of candidacy for the regular city election or
when less than two years remain in the unexpired term, there need not be a special election to fill the
vacancy and the appointed person shall serve until the qualification of a successor. City Council is
currently accepting applications for qualified residents to serve the remaining term. The deadline for
applications is January 13th.
Former Councilmember Tamara D. Block appeared on the November 2022 ballot to serve on the
Rosemount City Council for a four-year term beginning in January 2023. Ms. Block received the
number of votes needed to be elected and qualify to serve, but she informed the City Council in a
letter dated December 27, 2022 that she will not take the oath of office and will not qualify for office.
In accordance with Minnesota Statutes, section 351.02, not taking the oath of office results in a
vacancy on the City Council.
Rosemount City Code, section 1-5-3 provides that if the next general municipal election will be held
more than 365 days after the occurrence of the vacancy, then a special election must be held before the
next general municipal election. Minnesota Statutes, Section 412.02, subdivision 2a states that when a
vacancy in an elected office of the City occurs before the first day to file affidavits of candidacy for the
next regular city election and more than two years remain in the unexpired term, the City Council must
appoint someone to serve as council member until a special election is held to elect a person to fill the
unexpired portion of the term of the office.
The City Council has extended the deadline to accept applications for Block’s seat until January 13 and
will appoint someone to serve as a council member until a special election is held on November 7,
2023.
RECOMMENDATION
Staff recommends the approval of declaring two vacancies and extending the application process to
January 13, 2023.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2023-XX
A RESOLUTION DELCARING A VACANCY
IN THE CITY COUNCIL
WHEREAS , as a result of being elected and qualified as Mayor, Council Member Jeffery
Weisensel’s council seat has become vacant; and
WHEREAS, Minnesota Statutes, Section 412.02, subdivision 2a states that when a vacancy in an
elected office of the City occurs on or after the first day to file affidavits of candidacy for the regular city
election or when less than two years remain in the unexpired term, there need not be a special election to
fill the vacancy and the appointed person shall serve until the qualification of a successor; and
WHEREAS, the vacancy in the council seat has occurred with less than two years remaining in
the unexpired term in Council Member Weisensel’s unexpired term.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount as
follows:
1. The City Council declares that a vacancy has occurred as of January 10, 2023, in Council
Member Weisensel’s council seat.
2. The City Council shall expeditiously appoint someone to serve as a council member until
a successor is elected and qualifies at the next general election to be held in November
2024.
3. The City Council will consider applications for appointment to the vacant seat that have
been submitted to the City already and will accept additional applications until January 13,
2023.
ADOPTED by the City Council of the City of Rosemount, Minnesota this 10th day of January, 2023.
_________________________________
Jeff Weisensel, Mayor
ATTEST:
____________________
Erin Fasbender, City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2023-XX
A RESOLUTION DELCARING A VACANCY
IN THE CITY COUNCIL
WHEREAS , Former Councilmember Tamara D. Block (“Block”) appeared on the November 2022
ballot to serve on the Rosemount City Council for a four-year term beginning in January 2023, received the
number of votes needed to be elected and qualify to serve, but informed the City Council in a letter dated
December 27, 2022, which is attached to this Resolution as Exhibit A, that she will not take the oath of office
and will not qualify for office; and
WHEREAS, failing to take the oath of office results in a vacancy on the City Council in accordance
with Minnesota Statutes, section 351.02 (6); and
WHEREAS, Minnesota Statutes, Section 412.02, subdivision 2a states that when a vacancy in an
elected office of the City occurs before the first day to file affidavits of candidacy for the next regular city
election and more than two years remain in the unexpired term, the City Council must appoint someone
to serve as council member until a special election is held to elect a person to fill the unexpired portion of
the term of the office; and
WHEREAS, Rosemount City Code, section 1-5-3 provides that if the next general municipal
election will be held more than 365 days after the occurrence of the vacancy, then the special election will
be held before the next general municipal election; and
WHEREAS, the vacancy in the council seat has occurred before the first day to file affidavits of
candidacy for the next regular city election, more than two years remain in the unexpired term, and the
next general municipal election will occur more than 365 days after the date of the vacancy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount as
follows:
1. The City Council declares that a vacancy has occurred as of January 10, 2023, in the council
seat for which Block was eligible to qualify but has decided not to take the oath of office
and qualify to serve.
2. The City Council shall expeditiously appoint someone to serve as a council member until
a special election is held on November 7, 2023, to elect a person to fill the unexpired portion
of the now vacant term of office in accordance with Minnesota Statues, section 412,
subdivision 2a and Rosemount City Code, section 1-5-3.
3. The City Council will accept applications for consideration for appointment to the vacant
seat until January 13, 2023 and will consider applicants who applied for the vacancy
resulting from Councilmember Weisensel qualifying for mayor.
ADOPTED by the City Council of the City of Rosemount, Minnesota this 10th day of January, 2023.
_________________________________
Jeff Weisensel, Mayor
ATTEST:
____________________
Erin Fasbender, City Clerk